23 May 2008
KWOK PING SHEUNG WALTER v. SUN HUNG KAI PROPERTIES LTD AND OTHERS
- Citation
- KWOK PING SHEUNG WALTER v. SUN HUNG KAI PROPERTIES LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA857/2008
The application for an interim injunction is dismissed because there is no serious question to be tried on breach of contract, tort or fiduciary breach: the alleged 18 February agreement did not bind all directors and could not lawfully fetter the board's statutory powers or alter the Articles; there is no evidential basis that directors would act with improper motives; damages are adequate for the plaintiff while an injunction would cause substantial, hard–to‑quantify injury to the company; balance of convenience favours refusal.